A Study On Assumption Rules Of External Debts Incurred By One Spouse

The property issue between husband and wife has always been the most intimate topic between husband and wife.With the evolution of the times,the problem of highly complex couple debt has also arisen.However,unfortunately,China does not have adequate and relevant legislative provisions to define the detailed stipulations of individual debts and common debts of husband and wife.Therefore,it is easy to cause a series of thorny problems in the litigation practice.This article is based on the perspective of how the husband and wife should bear the burden of external debt.Through the presentation of typical cases,it will carry out specific inquiry and analysis of the relevant issues,and make a comparative analysis of the relevant legislation in this area in relation to domestic legislation and extraterritorial legislation,and put forward their own opinions about this.Institutional legislative assumptions.In order to effectively deal with the complex social issues.This paper demonstrates this related issue through four chapters:The first chapter is the problem caused by the case.Through the introduction of two typical cases and their comparative analysis of the reasons and results of the judgment,the author thinks about the internal problems of the system in our country.How should the husband and wife determine the nature of the foreign debt? At the same time,he questioned whether the spouse's allocation of evidence for external debt was correct or not.The second chapter is the relevant provisions and evaluations of our country's rules on the debt-bearing obligations of one spouse.The author will systematically analyze China's legislative and technical strengths and legislative inadequacies in the system of the matrimonial debt,and then discuss his views on this related aspect of legislation.The third chapter is an analysis of the extraterritorial legislation concerning the foreign debt of the husband and wife.Introduce the status of extraterritorial legislation on foreign debt of the husband and wife,and the trend of extraterritorial legislation.At the same time,a clear explanation is given on the personal liability of the husband and wife,and the rules for the settlement of the individual debts of the husband and wife are stipulated.The fourth chapter is the legislative proposal to improve the debt-taking rules of the husband and wife of our country.The systematic design of the legislative standards for personal debts of couples was carried out,and the legal responsibility of the husband and wife for external debt was rationally positioned.At the same time,he put forward his own assumptions about the personal responsibility of the husband and wife and the joint liability of the husband and wife as well as the mode of commitment,and determined the proof standard of the creditor's owner.